Legal Blog

Fraudulent Conveyance/Preference

Crowe Soberman Inc. v Noir Property Management Ltd. 2025 Ont SCJ

Mortgagee claimed secured status through a mortgage granted by an insolvent mortgagor for no seeming consideration. The judge held that the mortgage was both a fraudulent conveyance and a fraudulent preference. It was not made in good faith, and the mortgagee knew of the mortgagor’s financial difficulties at the time.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.